2025:CGHC:59045-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 887 of 2025 Narayan Prakash Tiwari (Narayan Prasad Tiwari) S/o Late Bhisham SHOAIB DsSA iHN iggnOW iteA a A dl IR Bbyy ANWARD21+ 01 a 0 2: t 52 e5 33 :. 0 1:327.06 Prasad Tiwari Aged About 62 Years Was Working As Lecturer, In Government Higher Secondary School Khairbanakala, District- Kawardha, R/o- 74/98- Anand Vihar Colony, Kawardha, P.S.- Kotwali Kawardha District- Kawardha (C.G.)

... Appellant versus

1 - State Of Chhattisgarh Through- Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

2 - The Public Education Directorate Through - Director, First Floor C Block, Indrawati Bhawan, Atal Nagar, Raipur, (C.G.)

... Respondent(s)

(Cause title taken from CIS)

For Appellant : Ms. Hamida Siddiqui, Advocate For Respondent(s) : Shri Shashank Thakur, Dy. Advocate General For Respondent No. 2 : Shri Anup Majumdar, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

05.12.2025

1. Heard.

2. Challenge in this appeal is to the order dated 06.11.2025 passed by the learned Single Judge in WPS No. 3937/2025 whereby and whereunder the writ petition of the writ petitioner has been dismissed. For the sake convenience the parties are referred as per their status in the writ Court.

3. (a) Case of the writ petitioner is that the petitioner was initially appointed as an Upper Division Teacher on 12-01-1987, and after about 11 years of his continuous service, he was promoted to the post of Head Master, Middle School Cadre, vide order dated 25-08-1998. When the State of Madhya Pradesh was bifurcated on 01-11-2000, the services of the petitioner were allocated to the State of Chhattisgarh.

Thereafter, the petitioner remained discharging his duty as Head master till 29-06-2010, and on that day, he was promoted to the post of Lecturer. On 09-06-2023, the gradation list of Head Masters was issued as on 01-04-2022, in which the name of the petitioner finds place at Sr. No. 45. On 27-05-2024, another gradation list was issued by the department as on 01- 04-2024, in which also the name of the petitioner finds place at Sr. No. 36. Subsequent to that, the gradation list of Head Master, Middle School, E-Cadre, has been issued by the department on 29-10-2024 in which it has been mentioned that since the Rule 15(1) of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (in short "the Rules of 2019") has been declared ultra vires, in the order dated 09-03-2023, passed by Hon'ble Division bench of this Court in W.P.S. No. 502/2022, the petitioner's name was dropped from the gradation list. It is the case of the petitioner that the petitioner was served on the post of Head Master from 1998 to 2010, and he was promoted to the post of Lecturer on 29-06-2010, but despite his seniority, his name is not there in the gradation list dated 29-10-2024. The services of the Headmaster/Principal/Lecturer are governed by the Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008 (in short "the Rules of 2008"). Schedule 2 of the Rules of 2008 provides that for the post of Principal, 25% posts are to be filled by Shiksha Karmi Grade-1 through a limited examination, and 75% posts are to be filled by promotion from Lecturers. In these 75% posts, 65% posts will be filled by limited examination, and 35% posts are to be filled by promotion from the Headmaster of Middle School. The said promotion avenue was reiterated by the notification dated 22-05-2014 issued by the State Government, by which the Chhattisgarh School Education (Gazetted) (School Level) Service, Recruitment and Promotion Rules, 2014 (in short "the Rules of 2014") were framed. According to the Rules of 2014, for the promotion to the post of Principal, 25% posts shall be filled from Lecturers/Shi